“Advocate: To publicly recommend or support.”
Can Licensed Site Remediation Professionals (LSRPs) advocate for their clients when pursuing closure on a remedial case or when discussing regulatory and/or technical matters with the New Jersey Department of Environmental Protection (NJDEP)? Contrary to some in the NJ consulting world, the answer is YES. Is it the same as it was prior to the enactment of the Site Remediation Reform Act (SRRA)? NO. The days of conducting remedial activities to satisfy a NJDEP case manager are gone, with only a few exceptions. Now, satisfying the LSRP is the objective for most cases, as they are now tasked with signing off on remedial cleanups.
To put this into the proper context: For an LSRP to be an advocate, they need to have a complete understanding of the client’s specific remedial situation, and essentially be in agreement on the approach. Once done, they can work collectively to execute an appropriate solution. This is also a two-way street, as the client needs to understand the role of the LSRP, and their comfort level with regards to specific remedial strategies. Only through effective communication can this be accomplished; however, once this initial hurdle is overcome, the LSRP will have a plethora of tools at their disposal (e.g. technical guidance documents, NJDEP technical consultations, etc.) to support a remedial approach, and ultimately advocate or champion for their client.
For an LSRP, advocating does not mean ignoring or overlooking regulation when conducting remedial activities, to win business, satisfy a client or stay under budget, nor does it mean to find a solution amenable to your client that could be perceived as not being protective of human health, safety, and the environment.
The challenging part, is whether or not the LSRP (or the client) is willing to budget the time necessary to really dig in deep to establish a great working relationship, and find a solution. To date, the LSRP process has been relatively successful and will only continue to improve in the future, but “successes” require participation on both sides. As we’ve stressed in prior posts, this is why retaining a skilled and confident practitioner (LSRP) is paramount…as they’ll understand the value in spending the extra time communicating with their client and becoming their advocate.
We hope that you find these posts informative, and relatively useful, and your feedback is always welcome. Stay tuned for future LSRP notes and strategies in the upcoming weeks…as there are plenty of lessons and unique observations to be shared, which could ultimately make our jobs easier, and speed the process for our clients.
For further information on the LSRP program, or how we can help you navigate through the NJDEP regulatory process, please don't hesitate to contact us at tfrancis@cardinallsrp.com, or www.cardinalLSRP.com.